Top Things To Know If You Miss Judicial Review Deadline

Most applications for judicial review of an administrative decision in Ontario must be brought within 30 days under ss. 5(1) of Ontario's Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the JRPA). Where a party has not commenced a judicial review application by the required deadline, however, the court has broad discretion to extend that timeframe.

A recent decision of the Ontario Divisional Court, Unifor and its Local 303 v. Scepter Canada Inc., 2022 ONSC 5683, clarifies the considerations the court will take into account, both statutory and at common law, when deciding whether to grant leave to allow a late judicial review application.

The discretion to extend JR deadlines